David M. McMillan

Associate

New York
T 212.847.2838  |  F 212.589.4201

David McMillan's complex commercial litigation practice centers on high-profile securities industry financial fraud cases. Since 2010, David has worked extensively on the ongoing liquidation of Bernard L. Madoff Investment Securities LLC (BLMIS) in connection with BakerHostetler’s role as court-appointed counsel to the Securities Investor Protection Act (SIPA) Trustee, Irving H. Picard. Assisting the SIPA Trustee in his efforts to recover assets for BLMIS customers with allowed claims, David has played an active role in the analysis and deconstruction of the BLMIS books and records, he has drafted pleadings to initiate multimillion dollar lawsuits against both domestic and international defendants, and he has litigated a range of securities and bankruptcy-related issues in the ongoing liquidation proceeding, including those involving exotic financial products such as swaps and derivatives. In addition, David has also worked on a high-profile matter involving derivatives trading losses at a major international bank, giving him a solid understanding of the mechanics of securities trading and various legal issues affecting investment banks, hedge funds, and other industry participants. David is a strategy-driven, pragmatic, and focused litigator who aims to deliver cost-effective and committed representation in every case.

David is a contributor to BakerHostetler's IP Intelligence Report, as well as the Class Action Lawsuit Defense blog.

Select Experience

  • Currently involved in representing Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler’s role as court-appointed counsel. Responsible for investigating and initiating complex multi-million dollar lawsuits against individuals and financial entities around the world, managing large-scale e-discovery projects, dealing with international issues including personal jurisdiction and international discovery, and for researching and drafting an array of substantive and procedural motions in the District and Bankruptcy Courts.
  • Currently representing former London-based JPM managing director whose cooperation was sought in the investigation related to a multibillion-dollar trading loss for the bank. Helped secure rare non-prosecution agreement with the Justice Department and agreements with other regulatory authorities by providing valuable factual analyses and assessments regarding securities derivatives trading in JPM's Chief Investment Office.
  • Currently representing of defendant in securities class action filed against major pharmaceutical corporation.
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Experience

  • Currently involved in representing Irving H. Picard, Securities Investor Protection Act (SIPA) Trustee for the liquidation of Bernard L. Madoff Investment Securities LLC, in connection with BakerHostetler’s role as court-appointed counsel. Responsible for investigating and initiating complex multi-million dollar lawsuits against individuals and financial entities around the world, managing large-scale e-discovery projects, dealing with international issues including personal jurisdiction and international discovery, and for researching and drafting an array of substantive and procedural motions in the District and Bankruptcy Courts.
  • Currently representing former London-based JPM managing director whose cooperation was sought in the investigation related to a multibillion-dollar trading loss for the bank. Helped secure rare non-prosecution agreement with the Justice Department and agreements with other regulatory authorities by providing valuable factual analyses and assessments regarding securities derivatives trading in JPM's Chief Investment Office.
  • Currently representing of defendant in securities class action filed against major pharmaceutical corporation.

Recognitions

  • Legal Aid Society: Pro Bono Publico Award (2014)

Memberships

  • American Bar Association: Litigation Section
  • New York State Bar Association
  • Massachusetts Bar Association

News

Pro Bono

  • Represent indigent death-sentenced inmate in state and federal habeas corpus proceedings in Georgia.

Services

Prior Positions

  • New York City Teaching Fellows: Mathematics Teacher

Admissions

  • New York, 2010
  • Massachusetts, 2010

Education

  • J.D., Fordham University School of Law, 2009, cum laude
  • M.S., Pace University, 2006
  • B.A., Cornell University, 2004, with distinction

Blog

In The Blogs

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IP Intelligence: Insight on Intellectual Property
Federal Circuit affirms PTAB in first IPR final written decision appeal
February 16, 2015
The Federal Circuit recently issued its first ruling on an appeal from an inter partes review (IPR) final written decision, In re Cuozzo Speed Technologies. In doing so, the court affirmed the USPTO’s Patent Trial and Appeal Board (PTAB)...
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IP Intelligence: Insight on Intellectual Property
Will New IEEE Standards Policy Devalue Standards Essential Patents?
February 12, 2015
On February 8, 2015, the Institute of Electrical and Electronics Engineers (IEEE) adopted a new patent policy for standards-essential patents (SEPs) in IEEE standards. This comes in the midst of rapid developments in the high tech...
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Class Action Lawsuit Defense
Court Takes Cue from Comcast v. Behrend, Certifies Class as to Liability but not Damages
By David M. McMillan
October 9, 2014
Fort Worth Employees’ Retirement Fund v. J.P. Morgan Chase & Co. In what appears to be an increasingly common practice since the Supreme Court decided Comcast Corp. v. Behrend, 133 S.Ct. 1426 (2013), the Southern District of New York...
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Class Action Lawsuit Defense
First Circuit Sides with Pharmaceutical Manufacturer in Dismissing Shareholder Class Action
By David M. McMillan
June 13, 2014
First Circuit Sides with Pharmaceutical Manufacturer in Dismissing Shareholder Class Action In a huge victory for Massachusetts-based biologics manufacturer Genzyme Corporation, the First Circuit Court of Appeals on June 5, 2014 affirmed...
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Class Action Lawsuit Defense
Wall Street Banks, Stock Exchanges and High Frequency Trading Firms Hit With Securities Fraud Class Action
By David M. McMillan
May 12, 2014
Last month, the City of Providence, Rhode Island filed a first-of-its-kind class action against Wall Street banks, securities exchanges and brokerage firms over alleged violations of federal securities laws stemming from the defendants’...
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